Research On The Criminal Responsibility Of The Injury Behavior Of The Victim Approval

This thesis is divided into three parts in addition to the preface and conclusion.Chapter 1 analyzes the concept of the injury behavior of the victim approvals from its definition and category. first, for the definition, the author thinks that the injury behavior of victim approval is a behavior which damages the rights on the basis of victim approval before it happens. Secondly, as for the category, the author thinks the injury behavior of the victim approval mainly includes the true injury behavior and the predictive injury behavior of victim approval, guilty injury behavior of the victim approval and innocent injury behavior of the victim approval .Chapter 2 makes a choice about the scope of undertaking criminal responsibility of the injury behavior of victim approval on the basic of making comment its theory, then does the research on the scope of undertaking criminal responsibility of the injury behavior of the victim approval. First, the scope of undertaking criminal responsibility of the injury behavior of victim approval, that is to say, should or should not pursue criminal responsibility to the injury behavior of the victim approval, negative theory, affirmative theory, doubtful theory, mixed theory are all not commendable, only distinguished theory is worthy of application. Secondly, should or should not pursue the criminal responsibility to the injury behavior of the victim approval, can't be treated in the same manner. As to the injury behavior of the victim approval which is not fit for the constitution of a crime, especially the injury behavior of victim approval which has no social bane or the legal injury behavior of the victim approval, shouldn't pursue criminal responsibility by law. As to the injury behavior of the victim approval which is fit for the constitution of a crime, it should be pursue the criminal responsibility.Chapter 3 discusses the pursuing the criminal responsibility of injury behavior of the victim approval which is guilty, and then discusses the doctrine and content of pursuing criminal responsibility of injury behavior of the victim approval. First, the author thinks pursuing the criminal responsibility to the guilty injury behavior of victim approval that have to obey the principal of a legally prescribed punishment for a specified crime , principal of equal punishment to crime and principal of suiting punishment to crime.Secondly, the author thinks the content of pursuing criminal responsibility to the guilty injury behavior of victim approval mainly has two sides, one is affirmation of the offense, the other is application of the penalty.